Federal & State Regulations | Alternative Dispute Resolution - Delaware

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Summary of differences between federal and state regulations

Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.

In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law.

Below is a summary of Delaware’s requirements regarding ADR. Consult the regulatory links for detailed information.

Uniform Arbitration Act

Under Delaware’s Uniform Arbitration Act, a written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Jurisdiction is given to the Chancery Court of the State to enforce it and to enter judgment on an award. In determining any matter arising under this Act, the Court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute. The Act applies to arbitration agreements between employers and employees or between their respective representatives. However, it does not apply to labor contracts with either public or private employers where such contracts have been negotiated by, or the employees covered thereby are represented by, any labor organization or collective bargaining agent or representative.